Congress Takes Another Shot At Pre-1972 Music Copyright Fee Changes

Nadler, Issa

Congressman JERROLD NADLER (D-NY), the Chairman and Ranking Member of the House Judiciary Subcommittee for Courts, Intellectual Property and the Internet and Congressman Darrell Issa (R-CA) have introduced legislation they write will “close a long-standing gap in federal copyright law.” 

"The Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act (the CLASSICS Act), H.R. 3301," seeks to resolve, "uncertainty over the copyright protections afforded to sound recordings made before 1972 by bringing these recordings into the federal copyright system and ensuring that digital transmissions of both pre- and post-1972 recordings are treated uniformly. The CLASSICS Act serves as an update to the 'pre-72 treatment' of the Fair Play Fair Pay Act -- a broader music licensing bill introduced by Chairman ISSA and Ranking Member NADLER earlier this Congress -- and represents a broad consensus from a variety of stakeholders across the music landscape." 

NADLER said, “For years, we have been working to ensure royalty payments for artists who recorded many of our great musical classics before 1972. The Fair Play Fair Pay Act set down a clear marker on the need to resolve the dispute over pre-72 music, as we worked toward a long-term solution that benefits multiple stakeholders. The bill we are introducing today updates this Pre-72 provision, once and for all guaranteeing royalty payments for our great legacy artists while providing certainty for digital music services. Hopefully, this new measure will serve as an example of the consensus that can be reached between the creators and distributors of music as we work to comprehensively update our music licensing laws. Many of these older musicians are past their working years and have no other way to make ends meet. I’m thankful to the supporters of this bill for recognizing that pre-72 recordings have value and that those who create it should be paid regardless of their age.”

ISSA noted, “This an important and overdue fix to the law that will help settle years of litigation and restore some equity to this inexplicable gap in our copyright system. It makes no sense that some of the most iconic artists of our time are left without the same federal copyright protections afforded to their modern counterparts. This bill is the product of a great deal of work to build consensus across party lines and varying interests all-over the music and entertainment landscapes on how to best resolve this long-standing problem. I'm very proud of the work we've done here. It will go a long way helping bring music licensing laws into the twenty-first century.”

In addition to Chairman ISSA and Ranking Member NADLER, Representatives JOHN CONYERS (D-MI), MARSHA BLACKBURN (R-TN), TOM ROONEY (R-FL), and TED DEUTCH (D-FL) joined as original co-sponsors to the legislation.

Pandora, RIAA & Soundexchange Join Together To Applaud Introduction Of ‘Pre-‘72’ Bill

“For decades, the artists that gave the world MOTOWN, Jazz and Rock n’ Roll have been hampered by antiquated and arbitrary laws -- until now,” said PANDORA General Counsel STEVE BENÉ. “While many heritage artists are compensated through direct licensing deals, including by PANDORA, it’s the independent musicians that this bill rightly protects. We commend Representatives ISSA and NADLER for bringing pre-1972 recordings into the modern era, and ensuring that our most cherished artists are finally on equal footing with their modern peers and paid for their record streams.” 

“AMERICA’s music creators are shortchanged on many fronts by our copyright policy. This legislation addresses one of those fronts, creating fair treatment for artists and creators of sound recordings made before 1972. It represents another step forward in our efforts to enact comprehensive copyright reform including the Fair Play Fair Pay Act, introduced by Representatives NADLER and ISSA in MARCH,” said SOUNDEXCHANGE Pres./CEO MIKE HUPPE. “Taken together, these efforts attempt to fix broken, antiquated policy and ensure that all creators are compensated fairly whenever their work is used on all radio services. We are grateful to Representatives Issa and Nadler for their ongoing support of America’s music creators across all platforms.”

“This updated, bipartisan legislation helps close, once and for all, the loophole in federal law that has shortchanged legacy artists for decades,” said RIAA Chairman/CEO CARY SHERMAN. “If enacted into law as we hope it will be, music’s founding generation of iconic performers and creators will finally share some of the value generated by the music that is the backbone of digital radio. It’s the right thing to do, and that’s why a growing chorus of voices throughout the music community support this effort. We commend Representatives ISSA and NADLER for their leadership on this important issue and encourage its swift passage.”

THE RECORDING ACADEMY released this statement regarding H.R. 3301.

"The CLASSICS Act is an important addition to the Fair Play Fair Pay Act that demonstrates continued momentum for passage of comprehensive music legislation. While the oldest distribution model—radio—continues to live in the past, believing artists should not be paid, newer digital services are working with artists to resolve issues once thought intractable. We support this legislation and thank Reps. Darrell Issa (R-CA) and Jerry Nadler (D-NY) for their continued leadership to update music licensing."

musicFIRST Executive Dir. CHRIS ISRAEL added, “Recordings made before the arbitrary date of FEBRUARY 15, 1972, are among the most popular and valuable in the world. And yet, because of an anomaly in U.S. copyright law, the creators of those sound recordings have had to endure years of litigation simply for the right to be paid, and the litigation continues to this day.  It’s time for Congress to fix this injustice so legacy artists are paid when their music is used by digital radio. Today’s introduction represents progress on the pre-72 issue and the Fair Play Fair Pay Act. Establishing equal treatment for pre-72 sound recordings, together with establishing an AM/FM performance right and applying the free market 'willing buyer, willing seller' standard across all platforms as called for in their Fair Play Fair Pay Act, will ensure that all artists from all generations receive fair market value for their work. We’re hopeful that the U.S. Congress will seize on the bipartisan support for music creators and enact the tenets of the Fair Play Fair Pay Act this session. The musicFIRST coalition thanks Chairman ISSA, Ranking Member NADLER and the bipartisan co-sponsors of this legislation for their unwavering support for music creators whether they be 'legacy' artists, those performing today or those yet to be discovered."

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